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Terms Of Service

Upon signing up for XrackHosting’s services, all customers agree to comply with XrackHosting’s Terms of Use. The spirit of this policy is to ensure our customers are using XrackHosting’s services with due regard to the rights of other Internet users and in conformity with the requirements of XrackHosting’s network environment. Please note that asterisked items (*) are not applicable to Dedicated Server customers.

Illegal Use

XrackHosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Adult Content*

Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet.

Security

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resources*

Any web site that uses a high amount of server resources over and above the authorized amounts purchased (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. XrackHosting shall be the sole arbiter of what is considered to be a high server usage level.

Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

CGI Scripts*

CGI script sharing with domains not hosted by XrackHosting is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Background Running Programs and Cron Jobs*

XrackHosting may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact XrackHosting at support@xrackhosting.com to arrange set-up.

IMAP

XrackHosting offers IMAP service as a convenience, however it should not be considered mission crticial. There is no effort made to back up user mail store files, nor is there any guarantee of retrieval of this data in the event of a system crash. Please save local copies of all IMAP messages.

IRC

XrackHosting does not allow IRC or IRC bots to be operated on our servers.

UCE (Unsolicited Commerce Email) – SPAM

Spamming, the sending of unsolicited mass email from or through a XrackHosting server or using an email address that is maintained on a XrackHosting machine is STRICTLY prohibited. XrackHosting will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a XrackHosting server, or if they sell or distribute software on their web site that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension.

Server Abuse

Any attempts to undermine or cause harm to a XrackHosting server or customer are strictly prohibited.

Copyright Violations

The Digital Millennium Copyright Act (“DMCA”) sets forth the requirements for valid copyright infringement notification. If you would like to notify XrackHosting of an infringement of your copyright, the DMCA requires that you:

Send your notification to XrackHosting’s designated agent. You may choose any of the following avenues for this notification:

A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”)

Identification of the copyrighted work(s) claimed to have been infringed

Identification of the material claimed to infringe the copyright(s), and enough information for XrackHosting to locate it

The Claimant’s name, address, and telephone number(s)

A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent

A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Actions Taken by XrackHosting

The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. XrackHosting will be the sole arbiter as to what constitutes a violation of the Terms of Use. XrackHosting reserves the right to remove any account without prior notice.

When XrackHosting becomes aware of an alleged violation of its Terms of Use, XrackHosting will initiate an investigation. During the investigation, XrackHosting may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, XrackHosting may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, XrackHosting will notify the appropriate law enforcement authorities of such violation.

XrackHosting does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

XrackHosting customers agree to indemnify and hold harmless XrackHosting from any claims resulting from the use of our services that damages them or any other party. The XrackHosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. XrackHosting expressly disclaims any representation or warranty that the XrackHosting service will be error-free, secure or uninterrupted. No oral advice or written information given by XrackHosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. XrackHosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Governing Law and Jurisdiction

The validity and effect of these Terms shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF THE COMPANY REGARDING USE OF THE SERVICES, MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN ORANGE COUNTY, FLORIDA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Refund Policy

All accounts come with a 30-day money back guarantee, no questions asked. If for any reason you are not satisfied within 30 days of signing up, simply ask and we will refund 100% of your payment. After 30 days all fees are non-refundable.

Modification

XrackHosting reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.